Letitia James declares victory after Supreme Court ruling (2024)

New York Attorney General Letitia James is celebrating a unanimous ruling by the U.S. Supreme Court that protects the popular abortion pill mifepristone from being federally restricted.

The pill's continued availability was challenged by the Alliance for Hippocratic Medicine, which along with other anti-abortion groups, said the U.S. Food and Drug Administration's (FDA) regulations eased access to a drug used in more than 60 percent of U.S. abortions. Mifepristone was approved by the FDA in 2000 and can continue to be dispensed through pharmacies and mail delivery.

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The court said the petitioners lacked standing in their arguments, which targeted the FDA's initial approval of the drug—the only medication approved by the FDA for abortion care—and increased access to it.

The ruling comes roughly two years to the day after the Court drastically changed course on reproductive rights when it overturned Roe v. Wade, sparking a political firestorm that remains a pivotal campaign issue for many ahead of this year's elections.

"This ruling by the U.S. Supreme Court marks a significant victory in protecting the reproductive rights of Americans and ensuring that science is the guiding light for medical decisions and rulemaking," James said in a statement. "I am very proud of the work my office did, together with our coalition partners, to make sound, legal arguments to support the FDA and its commonsense, fact-based rules about how to access mifepristone.

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"While we may be celebrating today, we also know that anti-choice forces will not stop trying to eliminate bodily autonomy and the right to privacy for millions of Americans."

James led a 24-state coalition of attorneys general in challenging the petition. On January 31, the coalition filed an amicus brief supporting the FDA's efforts to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit that reinstated certain restrictions on mifepristone.

FDA amendments made to the drug's availability in 2016 and 2021 provided a backdrop for the case.

In 2016, the FDA approved the use of mifepristone for up to 10 weeks of pregnancy instead of the previous seven weeks. That was modified in 2021 when it eliminated the requirement for an in-person visit to a doctor.

The coalition argued that the "medically unnecessary restrictions" would lead to dangerous consequences for reproductive health care outcomes, particularly for low-income and underserved communities."

Attorneys general from the following states and territories were involved: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.

The ruling was described by the Center for Reproductive Rights as "rejecting anti-abortion extremists' efforts to reinstate outdated restrictions on mifepristone."

Nicole Regalado, vice president of campaigns at UltraViolet, the nation's largest online feminist organization, said in a statement shared with Newsweek that the ruling "is a win for the people and the Constitution."

"This case was always about whether the Supreme Court would prioritize the political, religious, and ideological beliefs of a few of the most powerful men in this country, or the health and wellbeing of everyday people," Regalado said. "This time, they did not, but we will not be fooled into complacency by this ruling."

She and others are hesitant in claiming victory due to the Dobbs decision giving authority to state GOP-led legislatures to take the law into their own hands.

According to the nonpartisan organization KFF, all 14 Republican states have blocked abortion access through physician physical presence laws/bans on telehealth provision of medication abortion, in-person counseling requirements and ultrasound requirements.

"This Supreme Court has yet again released a decision that raises the stakes of state and local elections," Democratic Legislative Campaign Committee National Press Secretary Sam Paisley said in a statement shared with Newsweek.

"Along with Donald Trump saying that he will 'leave it to the states,' it is clear that the Republican playbook is to use their control of state legislatures to restrict access to health care and limit reproductive freedom for millions of Americans."